AIADMK legal wing functionary not aggrieved party to sue Speaker, case dismissed: Madras HC

CHENNAI: The Madras High Court quashed the defamation case against Speaker M Appavu filed by an AIADMK functionary citing no locus standi to move the petition on behalf of ‘aggrieved’ parties.

Justice G Jayachandran held that the defamation petitioner RM Babu Murugavel, joint secretary of AIADMK legal wing, can’t contest the case as he had filed it in his personal capacity without placing the party’s authorisation.

The judge also refused to accept the letter of the legal advisory panel of AIADMK appointing Babu Murugavel as a member of the panel, as the authorisation letter to represent the party. It was also pointed out that one of the senior members of AIADMK and head of the legal advisory panel D Jayakumar himself not claim that Appavu defamed the party.

Senior counsel P Wilson who appeared for the Speaker submitted that the defamation petitioner has no legal right to file the case as he was not a member of the party when the alleged incident is said to have taken place in 2016 (of which Speaker Appavu referred to in a speech last year).

The counsel relied upon sections 199 (1), 199 (6) and 499 of IPC and submitted that since the respondent is not the aggrieved person by the alleged defamed statement he cannot file the defamation case. He had argued that the general secretary of AIADMK with the support of the party's resolution could move such a defamation case. He submitted several judgments to bolster his contentions.

The counsel also questioned how the respondent could file the case when the alleged defamation statement was not made against him. The petitioner in no way is the aggrieved party, senior counsel Wilson had argued.

Senior counsel R John Sathyan who appeared for the respondent submitted that since his client is the joint secretary of AIADMK legal wing, he has the responsibility to file the defamation case. The statement of the petitioner had damaged the reputation of AIADMK, hence the defamation case is maintainable, said the counsel.

Babu Murugavel filed the defamation case alleging that the Speaker, in November 2023, made a speech at an event stating that after the demise of late Chief Minister J Jayalalithaa, more than 40 assembly members of AIADMK were ready to join DMK. He contended that the Speaker also claimed that in 2016, a senior member of AIADMK approached him to assist in the shifting of loyalties. He said that the claim of the Speaker was fictitious and made to defame AIADMK.

But the HC judge refused to go by the plea as neither wasn’t one of the 40 MLAs referred to by the Speaker nor did he file it with proper authorisation of the party.